Now-a-days with the growth in technology, consumer is
increasing his awareness about his rights and remedies. Cited below are few
case Laws held by various Consumer courts:
One Sri. MM Radha Krishna Murthy had paid Rs.2,00,000/-
to Megacity (Bangalore) Developers and Builders for a site in Vajragiri
Township. Since he has taken a loan for
building a house in another site, said Sri Radha Krishna Murthy approached the
Builders and requested them for refund of the money, but the Builders refused
to do so. Sri Radha Krishna Murthy
approached the Additional District Consumer Forum for redress of his grievance,
and the Hon’ble Dist. Consumer Forum has found the Builder guilty and ordered
for immediate refund of the money.
In another case, wherein Sri. SR Dinesh Reddy had paid
Rs.5,00,000/- to M/s. Kapoor Constructions Ltd., in Malleswaram way back about
four years ago, for booking a plot/house at Attur layout, Bangalore. Subsequently, he withdrew from the project
and requested the said Construction Company for refund of his advance money
paid by him, for which the said Construction Company refused to do so, since
Mr. Dinesh Reddy volunteered himself to walk out of the project. While deciding his case on merits, the
Hon’ble District Consumer Forum held the Construction Company guilty of
deficiency in service and ordered for refund of the entire advance money paid
by Sri Dinesh Reddy.
In another interesting case, Mr. B.R. Kulkarni, had
entered into an agreement with M/s. First Realty located in HMT layout, for
purchase of a residential flat in Mayflower Heights in BTM layout. In this connection, Mr. Kulkarni even paid a
sum of Rs.4,00,000/- to the said Realtor firm; in turn the said Realtor firm
gave him two options
-One
flat on the 1st floor of the Mayflower Geetanjali to be built by its
sister concern M/s. First Foundation, at 7th block, Jayanagar; and
-Secondly,
another flat on the third floor in the project to be constructed at Begur Hobli,
Bangalore South Taluk.
Accordingly,
Sri. Kulkarni entered into a fresh agreement in respect of the first
option i.e., flat at 7th block, Jayanagar, Bangalore. However, later on, said Realtors informed
Sri. Kulkarni through their letter that a new project at BTM layout would be
ready for occupation by December and the same would be allotted to him. However, when Sri. Kulkarni visited the site,
it was found that there was no substantial development in the project, as such,
Sri Kulkarni did not make any further payments.
On his approaching the District Consumer Court, it was
held by the Hon’ble Consumer Court that the Realtors M/s. First Realty failed
to complete any of the projects it has promised and held they are guilty for
deficiency of service. The Consumer
Court ordered for refund of the entire amount of Rs.4,00,000/- with interest at
24% p.a., and also awarded Rs.2,00,000/- as compensation for deficiency in
service, besides awarding Rs.5,000/- towards costs of the petition.
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